CI
TY OF SANTA ANA
REQUEST FOR PROPOSAL (RFP) NO. 25-116
FOR
LITTER, DEBRIS AND ENCAMPEMENT REMOVAL
SERVICES
KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers.
Opt
ional Pre-Proposal Meeting: Tuesday, September 2, 2025, 9:00 A.M.
Deadline for Questions: Tuesday, September 9, 2025, 4:00 P.M.
Proposal Due Date: Thursday, September 18, 2025, 4:00 P.M.
BID CONTACT:
Jacques Lam
[email protected]
EXHIBIT 2
CITY OF SANTA ANA
TABLE OF CONTENTS
I. B
ACKGROUND ........................................................................................................................... 3 II. OVERVIEW OF PROJECT .......................................................................................................... 3 III. OPTIONAL PRE-PROPOSAL MEETING .................................................................................... 3 IV. TERM OF AGREEMENT ............................................................................................................. 3 V. MINIMUM QUALIFICATIONS ...................................................................................................... 4 VI. GENERAL PROPOSAL INFORMATION ..................................................................................... 4 VII. PROPOSAL RESPONSE INSTRUCTIONS ................................................................................. 6 VIII. CERTIFICATIONS (ATTACHMENTS) ......................................................................................... 8 IX. REFERENCES ............................................................................................................................ 9 X. MINIMUM SCOPE AND LIMIT OF INSURANCE ......................................................................... 9 XI. SELECTION PROCEDURES & CRITERIA ................................................................................. 9 XII. WITHDRAWALS........................................................................................................................ 11 XIII. GENERAL TERMS AND CONDITIONS .................................................................................... 11 XIV. ADDITIONAL TERMS AND CONDITIONS FOR PUBLIC WORKS PROJECTS ........................ 16 XV. AWARD OF AGREEMENT ........................................................................................................ 19 XVI. IMPLEMENTATION ................................................................................................................... 19 EXHIBITS:
Exhibits provided for Proposers’ reference only. These are not to be included with proposal submittal.
EX
HIBIT I: SCOPE OF SERVICES
EXHIBIT II: SAMPLE AGREEMENT
EXHIBIT III: LOCATIONS
ATTACHMENTS (Required with Proposal submittals):
A
TTACHMENT A: PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING ATTACHMENT B: REFERENCES
ATTACHMENT C: PROPOSER’S STATEMENT
ATTACHMENT D: NON-COLLUSION AFFIDAVIT
ATTACHMENT E: NON-LOBBYING CERTIFICATION
ATTACHMENT F: NON-DISCRIMINATION CERTIFICATION
ATTACHMENT G: SUBCONTRACTOR DESIGNATION FORM
ATTACHMENT H: CARB FLEET COMPLIANCE CERTIFICATION
CITY OF SANTA ANA
I. BACKGROUND
The City of Santa Ana, California, is rich in culture and pride, the county seat of Orange County, and encompasses an area of approximately 27 square miles. For more information, please visit https://www.santa-ana.org/
II. OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking proposals from qualified firms and organizations (Proposers) to provide to maintain and perform litter, debris, encampment and weed abatement removal services on Caltrans right-of-way and City right-of-way adjacent to Caltrans properties (i.e. freeway over/under passes freeway on/off ramps and freeway embankments) designated by City Staff with the goal of keeping Caltrans public spaces free of litter, debris and weeds.
Work to be performed will include, but not be limited to, sections that are unimproved, run underneath streets, and lower than grade or sloped. Contractor shall provide all labor, equipment, transportation, materials and supplies necessary to perform work in accordance with the specifications and provisions herein.
T
his contract is subject to prevailing wage rate laws. All contractors submitting a proposal and subcontractors listed in their bids shall be registered prior to this proposal ’s deadline and, if awarded a contract, maintain a valid registration with the Department of Industrial Relations (DIR) at: http://www.dir.ca.gov/Public-Works/PublicWorks.html .
See
EXHIBIT 1 for complete Scope of Services.
T
he term “Vendor”, “Proposer”, “Firm”, “Consultants”, and “Contractor” shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP).
III. OPTIONAL PRE-PROPOSAL MEETING
An optional pre-proposal meeting will be held on the date and time specified on the cover page o
f this RFP.
M
eeting Link:
https://zoom.us/j/99787846660?pwd=psFlSHn4VMbJQCZyrLDBMdzS6o1txO.1 For
virtual meetings sign in will be required with your name and company in the “Chat” box.
Please make sure you are available to do so if signing on to the meeting through your phone or in the field.
IV. TERM OF AGREEMENT
The anticipated term of the agreement is for approximately a one (1)-year and ten (10)-month term, subject to budget appropriation availability and City Council approval. The contract term will expire June 30, 2027.
U
sage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the duration of the contract period.
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required.
V. MINIMUM QUALIFICATIONS
Proposers not meeting the minimum qualifications may be deemed non-responsive. 1) T
he Contractor shall, prior to award of contract and without additional expenses to the City, possess all licenses and permits required for the performance of the work required by this contract, including but not limited to a valid California Class C-27 – Landscaping Contractor’s License.
VI. GENERAL PROPOSAL INFORMATION
A. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City’s Bid Management System, PlanetBids. No other form of submittal will be accepted.
P
lanetBids will not accept late proposals and no exceptions shall be made. Proposer s will r
eceive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at:
ht
tps://vendors.planetbids.com/portal/20137/portal-home.
P
roposer shall be solely responsible for informing itself with respect to the proper utilizati on o
f the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer’s sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992 - 1771. Questions of an operational nature may be directed to the City’s assigned Buyer.
Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline.
All notifications, updates and addenda will be posted online on PlanetBids at https://vendors.planetbids.com/portal/20137/portal-home. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal.
B. COMMUNICATION / CONTACT WITH CITY STAFF
U
nless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned Buyer(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City’s Bid Management System, PlanetBids.
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Buyer(s).
C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP.
Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the “Addenda/Emails” tab.
D. EXCEPTIONS
Requests submitted for City’s consideration of proposed terms and conditions, including modifications to the City’s RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. Should the Proposer be considered for award recommendation and progress into the negotiations phase, the requests for exceptions or modifications to the City’s terms and conditions will be discussed at that time. The City will not accept any requests after the deadline for questions and reserves the right to reject or strike any requests for exceptions or additional terms and conditions related to Agreement, RFP, and insurance and indemnification terms and conditions.
E. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City’s PlanetBids system, https://vendors.planetbids.com/portal/20137/portal -home. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation.
F. UNDE
RSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein.
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
VII. PROPOSAL RESPONSE INSTRUCTIONS
PROPOSAL CONTENTS
Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, photographs etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged.
1. Statement of Qualifications (SOQ)
SOQ must include a Table of Contents and be limited to a maximum of 20 pages (excluding City’s required Certifications listed in Section V III below; Proposal Cover Letter, section dividers, table of contents, front/back cover pages ). The page limitation includes all appendices, attachments, and supplemental information. Additionally, SOQ must include the following:
a. C ove r Letter
Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity.
Cover Letter shall not exceed one page.
Cover letter must be addressed to the following City Project Manager:
Arturo Rodriguez, Assistant Public Works Maintenance Manager City of Santa Ana – Public Works Agency
220 S. Daisy Avenue
Santa Ana, CA 92703
b. S
ervices Provided
A description of proposed services to be provided and how they meet the needs of the City as described in Exhibit I – Scope of Services.
c. A greement Statement
Proposal shall include a statement outlining your concurrence or reference to concerns previously submitted with any and all provisions as contained in EXHIBIT II – Sample Agreement of this RFP (if any).
d. Fi rm and Team Experience
Proposal shall include a profile of the firm’s experience including the following:
i. A general description of the firm, including size and number of employees working directly with the City on this agreement.
ii. Firm’s nearest address serving the City of Santa Ana and headquarters address.
iii. Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement. The Project Manager/Principal Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited to an interview. iv. Resumes for all key staff proposed describing relevant experience.
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
e. Proposed Work Plan
Proposal shall include a statement demonstrating the firm’s understanding of the Scope of Services.
Additionally, proposed work plan shall include Proposers’:
i. Anticipated approach to performing services as specified herein; ii. Suggestions or special concerns the evaluation committee should take into consideration (if any);
iii. Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and timeline. f. References: Attachment B – References shall be submitted for similar projects performed for state and/or similar government clients.
g. C
ARB Fleet Compliance
The City is a Public Works Awarding Body, as defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Proposers must submit, with their Proposals, valid Certificates of Reported Compliance (“CRC”) for the Proposer’s fleet and for the fleet(s) of its listed subcontractors (including any applicable leased equipment or vehicles). Proposer must additionally complete and submit the Fleet Compliance Certification, included herein as ATTACHMENT H. Failure to provide a CRC for the Proposer, and for all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Proposal non-responsive.
2. C
ost Proposal
All Proposers are required to submit a fixed rate fee with their Cost Proposal in the form of the table found in ATTACHMENT A. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. When applicable, if providing hourly rate sheets, Proposer shall not include rate ranges or averages.
The City shall not provide reimbursement for travel -related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing ser vices as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure.
Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid.
Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City.
Pricing shall remain firm for the entire initial Agreement term. Thereafter, any proposed pricing adjustment for follow -on renewal periods shall be submitted to the City Representative in writing at least ninety (90) days prior to the new Agreement term. The City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows:
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
Los Angeles-Long Beach-Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted; annualized change comparing the most recent month’s reported data to the same month of the prior year. (This information may be found on the U.S. Department of Labor’s website at www.bls.gov.)
G. PROTEST PROCEDURES
Only respondents who have actually submitted a proposal may file a “protest” to an RFP with the City’s Purchasing Department. In order for a Proposer’s protest to be considered valid, the protest must:
1. Be filed in writing before 5:00 p.m. of the 5th business day following the posting of RFP Results/Notice of Intent to Award on the City’s online bidding system;
2. Clearly identify the specific irregularity or accusation;
3. Clearly identify the specific City staff determination or recommendation being protested;
4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and
5. Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City’s Purchasing Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The decision from the Purchasing Manager, or her/her designee, is final and no further appeals will be considered.
VIII. CERTIFICATIONS (ATTACHMENTS)
In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, t he following forms, included in this RFP, shall be signed and included as part of the proposal submittal package:
• Attachment A: Proposer’s Certification and Proposal Item Pricing • Attachment B: References
• Attachment C: Proposer’s Statement
• Attachment D: Non-Collusion Affidavit
• Attachment E: Non-Lobbying Certification
• Attachment F: Non-Discrimination Certification
• Attachment G: Subcontractor Designation Form
• Attachment H: CARB Fleet Compliance Certification
The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise.
PLEASE NOTE:
• All forms above must be signed by a representative of the Firm that is legally authorized to contractually bind the Proposer.
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
• City will not waive notarization requirement when applicable on any of the required attachments.
IX. REFERENCES
Contractor shall provide three (3) references from other similar public agencies for which services similar to those specified in this RF P have been performed, including contact names and telephone numbers. Use ATTACHMENT B – References. The respondent grants permission for the City to contact any individuals listed as references.
City may disqualify a Proposer if:
• References fail to substantiate Proposer’s description of services and deliverables provided; or
• References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or
• City is unable to reach the point of contact with reasonable effort. It is the Proposer’s responsibility to inform the point of contact(s) of normal City working hours.
X. MINIMUM SCOPE AND LIMIT OF INSURANCE
See Exhibit II – Sample Agreement
XI. SELECTION PROCEDURES & CRITERIA
A. Evaluation: The City will establish a proposal review committee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below.
B. S coring Criteria: Proposers will be ranked by the review committee based on the following criteria:
CATEGORY POINTS
Background, Qualifications & Experience
o The technical qualifications and experience of the organization are adequately described as they relate to the Scope of Work (SOW).
o The proposal identifies specific projects completed within the past five (5) years that demonstrate competency of the tasks outlines in the SOW. o The ability to meet the needs and concerns of the City is adequately demonstrated.
25 Key Personnel / Proposed Staffing
• Proposer demonstrates experience providing type of service required or experience providing similar services
• Proposer demonstrates they have the necessary resources, knowledge, skills, experience, and any required licenses / certifications to provide the required services
20 City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
C. Ra nkings : A final score will be calculated for each submitted proposal and used to rank Proposers. Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the contract to any Proposer(s) with a score above 70. The review committee will evaluate P roposers based on their response to the RFP and the City evaluation criteria set forth above.
• Proposal provides resumes of experienced personnel that are capable of and devoted to the successful accomplishment of work to be performed under this contract.
• Staff members have been identified who would be assigned to act in key management and technical positions providing services described in the SOW.
• Proposal includes a description of the role for each identified staff member, including name, position, education, years of experience, and relevant projects on which they have worked.
Technical Approach / Methodology
o The proposal provides a thorough description of how the firm plans to meet the requirements of the SOW, addressing specific challenges and opportunities, and explaining why their company is best suited to assist the County.
o An implementation plan is included outlining a description of efforts the firm will undertake to achieve client satisfaction and to meet project deadlines
25 Cost Proposal
The Cost Proposal will be evaluated as follows:
A. Lowest price receives the full score.
B. Other scores are proportional to the lowest price.
25 Organization/Completeness of Response
o Proposal demonstrates understanding of project and objectives as it relates to the scope of work.
o Proposal demonstrates requirements are addressed and adhered to. o Proposal is complete, comprehensive, and well-organized.
5 TOTAL POSSIBLE SCORE
(Before interviews – if held) 100
Interviews
• The City reserves the right to conduct interviews with the highest-rated firm(s). In the event the City does perform an interview process, the following is the maximum number of additive points that may be applied to the proposal score. Total possible score may exceed 100 points. 20 City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
D. Interviews: The review committee may invite the Proposers to interview. If invited to interview, Proposers must be prepared to include key personnel in the interview and/or presentation.
The City reserves the right to seek additional information from any or all Proposers invited to present proposals. A final score will be calculated for each submitted proposal and used to rank Proposers. City reserves the right to begin negotiations and enter into a contract without holding interviews, or further discussions.
E. S
election: The City is under no obligation to accept any proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject proposals at its sole discretion. If proposal fails to satisfy any requirements outlined in this RFP, it may be considered non-responsive and may be rejected.
T
he City shall not be obligated to accept the lowest priced proposals, but will make awards in the best interests of the City after all factors have been evaluated. The review committee will recommend the qualified Proposers to the City Council or City Manager for award of contract, as appropriate.
XII. WITHDRAWALS
Proposers are responsible for verifying all prices and information before submitting a proposal.
Prior to the proposal due date, the Proposer or Proposer’s representative may withdraw the proposal by providing written notice of the proposal withdrawal to the City C ontact/Project Manager. Verbal or telephonic withdrawals are not permissible.
XIII. GENERAL TERMS AND CONDITIONS
A. AMERICANS WITH DISABILITIES ACT
The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Ac t of 1990 (“ADA”), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph.
B. CITY BUSINESS LICENSE
The selected P roposer must obtain a City of Santa Ana Business License prior to the execution of a contract and must provide a copy to the Buyer assigned to this RFP. The awarded party shall maintain a current business license throughout the term of the resulting contract. Procedure to obtain a City of Santa Ana Business License is available by contacting the Finance and Management Services, Business Tax Office at (714) 647- 5447 or on the City’s website: www.santa-ana.org
C. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RF P or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal.
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
D. CONFLICT OF INTEREST
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor’s employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor’s efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City.
Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RF P. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.
No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract.
E. CONTRACTOR’S EXPENSE
Pre-C
ontractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre - contractual expenses are not to be included in the cost proposal. Pre- contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre-proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract.
Other Expenses: T
he Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract.
F. C
ONTRACTOR’S PROJECT MANAGER/KEY PERSONNEL
Except as formally approved by the City, the key personnel identified in Contractor’s proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor’s Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rationale, or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacem ent for the Contractor’s personnel. Said approval shall not be unreasonably withheld.
Standards of Conduct: C ontractor’s personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City.
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
G. COST PROPOSAL
The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal.
H. DATA RETENTION
Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City.
All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract.
All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.
I. DRUG-FREE WORKPLACE
The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug -free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts.
J. EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City’s objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated.
Any irregularities or lack of clarity in the RFP should be brought to the designated City Contact/Project Manager’s attention as soon as possible so that corrective addenda may be furnished to prospective Proposers.
Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected.
K. EXECUTION OF AGREEMENT
Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT II – Sample Agreement of this RFP . If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
L. FISCAL NONFUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City.
M. INDEPENDENT CONTRACTOR
Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City.
Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers’ compensation or other fringe benefits of any kind through City.
N. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single proposal in response to this RFP, t
hey should do so on a prime sub-consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture.
Should the use of sub -consultants be offered, the Proposer shall provide the same assurances of competence for the sub -consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub- consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub- consultants in the same manner as the Proposer. The Proposer is responsible for all the actions taken by their sub-contractor.
The City reserves the right to reject, replace and approve any and all Subcontractors. All S
ubcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors.
O. LITIGATION STATUS
Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.
P. NEGOTIATIONS
The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor’s proposal , together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor’s proposal, and the awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract.
Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP.
Q. NON-PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach.
R. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City.
S. PARKING
The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City.
T. PROFESSIONAL STANDARDS
Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City’s Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee.
Contractor acknowledges that City locations consist of public -use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level o f professional standards in attire, decorum, and interaction with the public and City personnel.
U. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement.
V. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal.
W. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency.
X. PUBLIC RECORDS
Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.
Y. SUBCONTRACTORS
Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor’s obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work.
The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors.
XIV. ADDITIONAL TERMS AND CONDITIONS FOR PUBLIC WORKS PROJECTS A. PREVAILING WAGE
The Director of the Department of Industrial Relations of the State of California has ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight hours, for each craft or type of worker or mechanic needed to execute any construction or maintenance contract, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated herein by reference and may be accessed at http://www.dir.ca.gov/ (General Prevailing Wage determination made by the Director of Industrial Relations / Pursuant to California Labor Code Part 7, Chapter 1, Article 2, Section 1770, 1773 and 1773.1).
Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the craft/classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work. Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Contract or by any subcontractor.
Prevailing Wage Compliance and Monitoring
Contractor is aware of the requirements of the California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirement on “public works” and “maintenance” projects. Since the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by Prevailing Wage Laws and since the total compensations is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement/Contact. Contact shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the job site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
B. DIR REGISTRATION
This project is a public work and subject to the following: No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors are further cautioned that certified payrolls shall be submitted electronically directly to the Department of Industrial Relations.
C. CAL-OSHA VEHICLE REGULATION
All vehicles must meet California Motor Vehicle and Cal -OSHA regulations and all other applicable codes required for vehicle use on the roads or highways in the state of California.
D. CARB FLEET COMPLIANCE CERTIFICATION
Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).
Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and its subcontractors’ fleets including, without limitation, the Certificates of Reported Compliance (“CRCs”), fuel/refuel ing records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.
Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.
E. QUALITY ASSURANCE
Contractor shall provide laborers and supervisors who are thoroughly familiar with the type of construction involved and materials and techniques specified.
F. CONSTRUCTION WASTE MANAGEMENT
Contractor shall keep work areas clean and free from any debris, rubbish, hazardous waste and non-usable material resulting from the work under this Contract and shall be disposed of at the completion of each work day by the Contractor. Hazardous waste must be disposed of in accordance with the Resource Conservation and Recovery Act and all other applicable federal, state, and local laws and regulations.
G. CHEMICALS
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
Handling and delivery of all materials must comply with all local, State, and Federal safety regulations and must maintain appropriate hazardous material transportation and handling certifications and licensing as applicable.
H. SAFETY PROGRAM REQUIREMENTS
Work Site Safety shall be as defined by the Standard Specifications and these special provisions:
Contractor shall be solely responsible for ensuring that all work performed under the contract is performed in strict compliance with all applicable Federal, State and local occupational safety regulations. Consultant/Contractor shall provide at its expense all safeguards, safety devices and protective equipment, and shall take any and all actions appropriate to providing a safe Project site.
The following is required in addition to the requirements of the Standard Specification:
a. Contractor shall train all employees, or subcontractor personnel in the work practices necessary to safely perform his or her job. b. Contractor shall identify all known potential hazards related to the work performed and train all employees and subcontractor personnel on how to handle the potential hazards.
c. Contractor, their employees and subcontractors shall follow all safety rules and safe work practices.
d. Contractor will immediately notify the City of any significant and/or unusual hazards found during the course of work.
e. Contractor shall submit copies of Safety Data Sheets (SDS) for all hazardous materials to be utilized on site in the performance of work. f. Contractor is solely responsible for the legal disposal of hazardous waste generated in the performance of their work.
Safety Indemnification: To the extent allowed by law, the Contractor agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all investigations, complaints, citations, liability, expense (including defense costs and legal fees), claims and/or causes of action for damages of any nature whatsoever, including but not limited to injury or death to employees of the Contractor, its subcontractors or City, attributable to any alleged act or omission of the Contractor or its subcontractors which is in violation of any Cal OSHA regulation. The obligation to defend, indemnify and hold harmless includes all investigations and proceedings associated with purported violations of Section 336.10 of Title 8 of the California Code of Regulations pertaining to multi -employer work sites. The City may deduct from any payment otherwise due the Contractor any costs incurred or anticipated to be incurred by the Agency, including legal fees and staff costs, associated with any investigation or enforcement proceedings brought by Cal OSHA arising out of the assigned work.
I. OTHER SAFETY REQUIREMENTS
Contractor shall take all reasonable precautions, as directed by the City, or in the absence of such direction, in accordance with sound industrial practices, to safeguard and protect City property and adjacent property. Damages to properties caused by Contractor’s negligence shall be repaired at no cost (both labor and material) to the City.
Contractor is responsible for advising and ensuring compliance by Contractor’s employees with all applicable environmental and hazardous materials handling laws and regulations.
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
Contractor shall provide City a full report of damage to City property and/or equipment by Contractor’s employees. All damage reports shall be submitted to the Site Coordinator within twenty-four (24) hours of occurrence.
Contractor shall provide, erect, and maintain all warning devices (i.e., barricades, cones, etc.) as required or necessary to ensure the safety of the public, City, and Contractor’s employees.
J. SPILL LIABILITY
The City does not assume liability for spills or other releases of hazardous wastes which are caused by the negligence of the contractor once hazardous waste materials are in the possession of the contractor or transported off site.
K. RECORDKEEPING AND REPORTS
Contractor is required to provide upon request, detailed data and information required by the City. Information may include: generator EPA ID, contractor EPA ID, generator name, waste description, manifest number and line number, date waste shipped, disposal and recycl ing facilities utilized, final disposal method utilized, quantity shipped (pounds), waste profile number, and any additional information requested.
All records and reports shall be available in electronic (including Excel, Word, and PDF Format) and hard copy format at all times during the term of the contract.
XV. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms.
A. EXECUTION OF AGREEMENT
A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. “Proposer” will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved.
XVI. IMPLEMENTATION
A. KICK-OFF MEETINGS
The successful Proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling.
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
Contractor/Consultant shall perform services as set forth below.
I. TYPES OF SERVICES
1. GENERAL
Services and work to be performed by awarded Contractor shall consist of, but not be limited to, the following areas adjacent to State Highways 55, 5 and 22 freeways in the City of Santa Ana:
1. Removal and disposal of debris/rubbish, including:
a) Trees, cut brush, dead trees, tree limbs, and similar materials, b) Furniture, mattresses, appliances, scrap metals, junk, automobile parts or machinery, tires, televisions and other electronic devices, c) Concrete, asphalt, bricks or other construction debris, d) Garbage, litter, cardboard, metal cans, glass, feces, fruit/vegetable matter,
2. Hand sweeping (or blowing) of streets, sidewalks and similar areas.
3. The Contractor shall dispose of all trash and other debris from the operation as work progresses. The City shall not be responsible for the disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location, tonnage, etc. on a monthly basis to the City.
4. At no time is the Contractor permitted to use the City dumpsters. All rubbish and garbage shall be removed from the property and disposed at a City authorized disposal site. A list of disposal sites, including the name of facilities and addresses, to be used by Contractor shall be provided to City upon award of contract.
5. All sidewalks, parkways, and gutters in front of or adjacent to lots with abutting curbs and sidewalks shall be cleaned of all weeds, trash, rubbish, and noxious growth.
6. Erosion control wattles (devices made of straw or wood) installed around the perimeter of fenced properties, shall be removed to allow for proper cleaning along the interior and exterior of the fence line. Once cleaning is completed, Contractor shall replace wattles along the interior perimeter of the lot or as directed to by Projects Manager.
7. Sufficient inspection will be provided but not such as will substitute for supervision of the work by the Contractor or his foreman.
8. At the completion of the work, the site shall be left in a clean condition by utilizing blower or push broom, unless it is an unpaved area, vacant lot, Creek or other similar site conditions.
9. Daily work must be documented using an electronic device (mobile phone, tablet or similar) and uploaded to City’s work order system (MySantaAna App or Similar)
EXHIBIT I
SCOPE OF SERVICES
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
10. Daily work/routes and schedules will be assigned by City Staff.
11. Contractor shall furnish all labor, equipment tools, and materials and supplies including Personal Protective Equipment (PPE), such as face mask respirator (N- 95), gloves, coverall suits, trash bags and the skills and training required to perform all services listed above.
12. Contractor shall furnish all Signs used for handling traffic control during the course of this contracts and shall be in accordance with the “Work Area Traffic Control Handbook” (WATCH), published by Building News, Inc., and made a part of these special provisions. The method in which signs, barriers, and warning devices are used during the work shall be in accordance with the publication mentioned. A copy of said publication is on file in the Public Works Agency.
2. TRANSIENT AND HOMELESS ENCAMPMENT CLEAN-UP
1. Contractor shall remove abandoned transient/homeless encampments that may include, but not be limited to tents, soiled clothing, blankets, human feces, hypodermic needles, and items listed above.
2. Contractor shall remove unwanted natural or environmental materials including, but not limited to, bio- waste, dirt, nests, hypodermic needles, silt, feces, grime and similar.
3. Contractor may be assigned to work alongside Local Law Enforcement (Santa Ana Police Department and California Highway Patrol).
4. Contractor shall be required to report transient occupied Homeless Encampments on City and Caltrans properties to Project Manager.
3. AS-NEEDED WEED AND DEBRIS REMOVAL AND LOT CLEANING – CREW LABORER
1. Additional as-needed crew laborer services may be requested by the City and will be compensated at the regular hourly rate as per appropriate bid line item pricing.
2. City will issue a work order request for such work to be performed.
3. These services include, but are not limited to the services listed in Section I.
II. WORK ORDERS, ASSIGNMENTS, AND SCHEDULE
Work shall be assigned by the City Projects Manager (or Inspector or other City Designated Person) and shall be on an As-Needed or on a Set Schedule basis, subject to budget appropriation availability and changes by the Projects Manager. Work hours and staffing may be increased or decreased based on funding availability. The Projects Manager will work with the Contractor to prepare the most effective and productive schedules and work assignments.
Cr
ew Unit Size(s) will vary based on task and assignment and as determined between Projects Manager and Contractor. Work assignments may vary and may consist of performing weed City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
abatement or debris/rubbish clean-up or transient and homeless encampment removal or a combination of daily.
III. CREW SIZE
Contractor shall provide the necessary staff/workers to perform work as specified in this Bid.
Contractor must have the ability to provide the necessary workers based on the amount AS-NEEDED and SET SCHEDULED assignments. At a minimum, Contractor shall perform the assigned tasks with the following:
1. Three (3) Laborers
1. Laborer: Performs the necessary tasks to complete the required services. a) At minimum, one laborer must be English-speaking who is fully trained and knowledgeable in all aspects of these requirements. b) Equipped with a working, fully charged, capable of taking and sending photos and emails, cellular phone, to enable immediate contact with the City Projects Manager.
c) Ability to effectively communicate in verbal and written form in order to solve daily problems.
2. Perform the work assigned by City staff on an AS-NEEDED and SET SCHEDULED basis.
3. Provide the necessary labor, materials and equipment to remove litter and debris from all under/over passes, on/off ramps, sidewalk areas, planters, and embankments.
4. Contractor shall provide an Administrative Customer Service Representative knowledgeable of the Contract requirements, to efficiently answer all City questions/inquiries. The Customer Service Representatives shall be available during Regular Business Hours to assist City with administrative matters and if necessary, placement of work orders , follow-ups, and any other areas requiring assistance. Contractor must provide a Customer Service point of contact for after-hours and urgent requests.
IV. GENERAL
1. Furnish all labor, equipment, materials and supplies (including trash bags and any other supplies necessary), tools, services and special skills required to perform all services listed above on Caltrans over/under passes, on/off ramps, City streets, and various locations and other related services as set forth in the Scope of Services and in keeping with the highest standards of quality and performance.
2. Cooperate fully with all authorities regarding any investigations of the preceding activities. Submit a completed report to Projects Manager by the next business day following work completed under this contract.
3. Delivering and Staging of Equipment and Materials
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
1. Materials, supplies, and equipment needed for this project must be stored at Contractor’s premises and at Contractor’s expense, unless otherwise agreed upon by the Projects Manager.
2. Remove all materials, tools and equipment from City facilities and or Caltrans property immediately after completion of work.
4. Do not blow or sweep any debris from the landscaped areas and/or hard surfaces into the parking lots, onto private property, storm drains or public streets.
5. Notify the City Projects Manager immediately regarding scheduled work that may be delayed or missed, provide reasons why the work schedule cannot be maintained (beyond the Contractor’s control), and submit a revised work schedule for review and consideration.
V. CONTRACT PERFORMANCE REQUIREMENTS
1. Contractor shall document all location/stops each day with smartphone app provided by City. No less than 4 sites per 8-hourwork day. Any deviations from this requirement must be brought up to the City Projects Manager and agreed upon by City prior to any work commencing.
2. Quality A ssurance
Contractor shall provide laborers and supervisors who are thoroughly familiar with the type of work, materials, and techniques specified. Contractor shall perform all work according to all current applicable codes, industry-standards, and to the highest quality commensurate with required work
1. Ensure that all work is done only by experienced and professional personnel arriving at the project site(s) as scheduled and all work is performed in a skillful and workmanlike manner.
2. All services shall be subject to the inspection and approval of City either by Projects Manager or designee prior to acceptance and approval for payment.
3. C ompliance with Laws:
1. It shall be the Contractor’s responsibility to attain the appropriate Contractor License Requirement if applicable.
2. Contractor shall perform all work performed in connection to this project in full compliance with all applicable standards, laws, statutes, restrictions, ordinances, requirements, rules and regulations of municipal, state, county and federal agencies applicable to the services provided.
VI. REMOVAL AND DISPOSAL OF DEBRIS
1. Contractor shall remove and dispose of all litter, and debris generated during the performance of this contract from the work areas the same day it is generated.
2. Disposal locations will be privately owned or debris transfer stations.
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
Note: ONLY when authorized by the City, the use of the City Municipal Corporate Yard location will be allowed for the disposal of litter and debris generated under this agreement and will be at no charge to the City.
3. Amount of debris/rubbish must be documented and required as part of each work order in order to include the total amount of debris/rubbish collected on monthly invoicing.”
4. All debris, excess material, and parts, including those materials that could inflict injury (e.g., nails, wire, wo od, etc.), shall be cleaned up continuously as work progresses and removed at the completion of the job and/or at the end of each work day.
VII. EQUIPMENT
Contractor shall furnish all labor, equipment, materials (including trash bags), tools, services, and special skills required to perform debris/rubbish and weed abatement removal services and other related services as set forth in these specifications and in keeping with the highest standards of quality and performance. Contractor shall ensure that all equipment, materials, supplies, and consumables meet or exceed all applicable manufacturer’s published specifications and industry standards corresponding to required work as specified herein.
The Contractor shall perform all work necessary to complete the provisions of this contract in a satisfactory manner. The Contractor shall furnish all equipment, tools, materials, supplies, supervision and labor necessary to complete the work. It is mandatory that the equipment and tools identified below be readily available.
1. Stake bed – Minimum ten (10) cubic yard stake beds or dump truck with ability to be loaded by loader and back hoe.
**Required daily: contractor will be responsible to provide appropriate number of stake bed trucks based on crew size, location and job assignment.
2. Lawnmowers – available if needed
3. Weed eaters
4. Blowers
5. Hedge trimmers
6. Chain saws
7. Edgers
8. Shovels
9. Scoop shovels
10. Rakes
11. Loppers
12. Tree pole saws – available if needed
13. Hedge shears
14. Long handled hoes
15. Pitch forks
16. Traffic cones or delineators
17. Wheelbarrows
18. Push brooms
19. Pressure Washer - available if needed
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
VIII. MAINTENANCE FUNCTION CHECKLIST AND REPORTS
1. Weekly Report:
1. Due Monday of every week, including a Daily Attendance Si gn-In Sheet with signatures of each laborer with the hours worked and start and end times and specifies the work performed; date performed; and labor, materials and supplies used, and amount of trash and debris collected (measurement method to be agreed upon).
2. Contents: Ensure that the report contains all the required and approved content, which may include, but not limited to:
a) Description of work completed
b) Materials and Equipment used, such as Loader or Back Hoe
3. Ensure that all reports are submitted prior to submission of the monthly invoice, otherwise payment will be withheld, unless a change is agreed upon by the City.
4. Monthly payment will not be made until reports are received by City.
2. P roduction Reports
1. Shall be emailed to City each month by the seventh day.
2. These reports will include the amount of trash and debris removed and disposed and disposal sites utilized.
3. D ocumentation – As Requested by the City
1. Digital Photo Sampler Report
a) Take before-and-after photos of items, areas, or incidents that Contractor responds to as specified by City.
b) Maintain these photos electronically and make them available for inspection by City at any time.
c) Identify photos by location, description, etc. before or after, date and time of photo taken with timestamp.
IX. CONTRACTOR EMPLOYEES AND UNIFORMS
1. Contractor Laborer Employees
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
1. Ensure that all Contractor employees performing work in conjunction with this service are always courteous, professional, competent, and do not cause any undue disturbances.
2. Contractor staff shall be responsive only to the requests of the Projects Manager or designee. Contractor staff shall direct all inquiries to Projects Manager or designee.
3. Remove any employee who is determined by City to be incompetent, working inefficiently, disorderly, intemperate, or otherwise objectionable immediately removed from work under this agreement and replace with a satisfactory replacement.
4. Contractor staff and representative shall maintain the highest level of professional standards in uniforms, politeness, and interaction with the public and City personnel. Contractor staff must present a neat, well-groomed appearance at all times.
5. Perform the work while minimizing disturbance to the citizens, residences, and businesses.
6. Workers must have basic knowledge, experience, skills, and abilities in general labor, custodial maintenance, landscaping maintenance, cleaning, trash handling, landscape care, and street safety procedures to perform the scope of work requirements in accordance with the bid specifications at all times. Workers who do not demonstrate these capabilities shall be replaced at the request of the City.
2. Uniform and Safety Vests
a. Contractor shall provide and maintain uniforms for all Contractor employees under this contract at Contractor expense.
b. Uniforms must bear Contractor’s company name or other acceptable designation type approved by the Projects Manager.
c. Uniforms must be maintained in a clean and neat order with no rips, tears, or permanent stains present and worn as a complete unit and be fitted properly
d. Must wear appropriate safety vest or safety color shirt at all times while working for the City.
X. RECORDS AND INVOICING
Before removing litter, debris/rubbish and/or garbage, the Contractor will photograph the property as is necessary to show all, debris/rubbish and/or garbage to be removed or to be abated. The Manager may also take photographs prior to work commencing.
The Projects Manager will keep an accurate record of all properties cleaned by the Contractor and if any controversy shall arise as to locations cleaned by the Contractor, the decision of the Projects Manager will be final.
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
Contractor shall prepare a monthly written invoice for amount of hour’s worked, a listing of each location cleaned by Work Order Number and total amount debris/rubbish disposed of by tonnage. Invoices are to be submitted on the first day of each month, or as deemed necessary by the Projects Manager.
Contractor shall email all invoices to:
XI. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Contractor shall be responsible for the protection of public and private property adjacent to the work and shall repair or replace all existing improvements, which are damaged or removed as a result of his operations if said existing improvements are not designated for removal.
XII. WORK HOURS
Contractor’s regularly assigned activities shall be performed from 7:00 a.m. to 3:30 p.m., Monday through Friday. The schedule shall be provided by the Projects Manager.
Deviation from these hours/days shall not be permitted without the prior consent or direction of the Projects Manager except for emergencies involving immediate hazard to persons or property and per the Santa Ana Municipal Code.
Occasionally, Contractor will be assigned work that will deviate from the established work hours and will require Contractor to be available and work alternative hours during early morning hours, late night, overnight, and weekends. Projects Manager will work with Contractor to provide as much lead time as possible.
XIII. EMERGENCY INFORMATION
The names, addresses and telephone numbers of Contractor and subcontractors, or their representatives, shall be filed with the City prior to beginning work.
XIV. RESPONSE TIMES
1. Routine
1. Routine: 48-hour response or sooner to site from time of contact for anything that needs attention prior to the next maintenance cycle, but has no immediate cost or threat of loss.
2. Contractor shall respond to City Staff within one (1) hour of notification during normal work hours.
XV. WORK BY CITY FORCES DUE TO CONTRACTOR
NONCONFORMANCE
Should the Contractor fail to correct deficiencies of public nuisances that have been created because of his operations, then these will be considered to be of an emergency nature and City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
cause for the City to move in on the work site to make corrective work. Such work will be done on a force account basis with an additional callout charge of $75 for each callout. It should also be noted that there is a minimum two-hour charge for labor on any callout.
XVI. SAFETY REQUIREMENTS
All work performed under this contract shall be performed in a manner as to provide maximum safety to the public and staff where applicable, comply with all safety standards related to personal protective equipment (PPE) required by CAL-OSHA or other applicable Local, State and Federal safety regulatory agencies.
XVII. ENVIRONMENTAL CONDITIONS
1. Comply with all applicable local, state, federal regulations and requirements.
2. Transport, store, apply, dispose of all bio-waste and hazardous materials as required by law.
3. Supply, if necessary, a trash container, for non-hazardous materials only.
4. Remove from the work site and properly dispose of all spent materials, hazardous materials, debris, and the like on a daily basis. Do NOT accumulate waste materials unless the Projects Manager otherwise allows.
5. Minimize contamination from materials, wastes, spills, or residues at the jobsite to street, drainage facilities, or adjoining property by wind or runoff.
XVIII. TRAFFIC CONTROL
All traffic control (if required) shall conform to the requirements of the latest edition of the “Work Area Traffic Control Handbook” (WATCH, City Standard Plan 1125F (SP1125F), the Manual on Uniform Traffic Control Devices (MUTCD), the current MUTCD California Supplement and these Special Provisions.
1. The Contractor shall maintain at least one open traffic lane in each direction at all time on all streets. Flagmen shall be required when directed by the City.
2. During non-working hours, all lanes shall be opened to traffic.
3. Flashing arrow boards shall be required on arterial streets. Deviation from this requirement will be subject to approval from the Traffic Engineer.
4. T
raffic control plans must be submitted and approved before starting work on any public street, except for the following temporary closures:
a. Temporary single lane closure on 4 or 6- lane arterials may be done per WATCH without submitting a traffic control plan. However, this will require approval from the Traffic Engineer.
b. Temporary closure of local streets may be done per WATCH without submitting traffic control plans. However, this will require approval from the Traffic Engineer.
XIX. SAFETY PROGRAM REQUIREMENTS
Work Site Safety shall be as defined by the Standard Specifications and these special provisions:
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
The Contractor shall be solely responsible for ensuring that all work performed under the contract is performed in strict compliance with all applicable Federal, State and local occupational safety regulations. The Consultant/Contractor shall provide at its expense all safeguards, safety devices and protective equipment, and shall take any and all actions appropriate to providing a safe Project site.
The following is required in addition to the requirements of the Standard Specification:
a. The Contractor shall train all employees, or subcontractor personnel in the work practices necessary to safely perform his or her job. b. The Contractor shall identify all known potential hazards related to the work performed and train all employees and subcontractor personnel on how to handle the potential hazards.
c. The Contractor, their employees and subcontractors shall follow all safety rules and safe work practices.
d. The Contractor will immediately notify the City of any significant and/or unusual hazards found during the course of work.
e. The Contractor is solely responsible for the legal disposal of hazardous waste generated in performance of their work.
Safety Indemnification: To the extent allowed by law, the Contractor agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all investigations, complaints, citations, liability, expense (including defense costs and legal fees), claims and/or causes of action for damages of any nature whatsoever, including but not limited to injury or death to employees of the Contractor, its subcontractors or City, attributable to any alleged act or omission of the Contractor or its subcontractors which is in violation of any Cal OSHA regulation. The obligation to defend, indemnify and hold harmless includes all investigations and proceedings associated with purported violations of Section 336.10 of Title 8 of the California Code of Regulations pertaining to multi-employer work sites. The City may deduct from any payment otherwise due the Contractor any costs incurred or anticipated to be incurred by the Agency, including legal fees and staff costs, associated with any investigation or enforcement proceedings brought by Cal OSHA arising out of the assigned work
XX. COMMUNICATIONS
Contractor shall provide his crew with a cellular phone to allow direct communication with City staff at Contractor’s expense. The City shall require contract staff to utilize a technological device, such as a smartphone, tablet, laptop or similar device at Contractor expense, to assist with the City’s Asset Management and Work Order System. Such device will be utilized to perform basic data input and respond to work orders from the City.
Operation of the software system shall include, but is not limited to, m onitoring and responding to real- time work order service requests and taking before and after photos of work performed.
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
XXI. NON-PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach.
XXII. AUDIT REQUIREMENTS
City reserves the right to periodically inspect and audit Contractor’s accounting procedures and supporting documentation in conjunction with the performance of the Scope of Services.
1. City will notify Contractor in writing of any such requested audit.
2. City will inspect and audit in a reasonable manner.
3. Contractor must fully cooperate with any such audit(s).
4. City will notify Contractor in writing of any exception taken as a result of an audit.
5. If an audit, in accordance with this article, discloses overcharges (of any nature) by Contractor to City of the value of that portion of the Agreement that was audited, the actual cost of City’s audit shall be reimbursed to City by Contractor.
XXIII. CONTRACT TERMINATION
The City reserves the right to terminate contract, without penalty, for cause immediately or without cause after 30- days written notice thereof is delivered to the Contractor either personally or by mail addressed as shown on the bid proposal.
If the Contractor fails to meet the specifications of this contract for a period of 15 cumulative days, the City may at its option terminate the balance of this contract by written notice of termination to the Cont ractor. Notice of such termination shall take effect 15 days after such notice is mailed.
XXIV. WORK DELAYS AND LIQUIDATED DAMAGES
1. Agree to liquidated damages as specified in the table when delays, etc. are within the control of, or could have been anticipated by, Contractor.
2. Note that exceptions may be made by the Projects Manager when unforeseeable circumstances arise and are clearly beyond the control of or could not have been anticipated by Contractor that may cause delays or no work to be performed or completed. The Projects Manager may grant an extension in time equivalent to the exact number of working days that were caused by the unforeseen circumstance.
3. T
o ensure that Contractor performs all of the required work and by the time required per bid specifications, City will assess liquidated damages (Liquidated Damages Table) for work performance deficiencies.
4. City will notify Contractor in writing and/or email each time service requirements are unsatisfactory and corrective action is necessary. Should Contractor fail to correct City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
any deficiencies within three business days, the City may exercise the following measures:
1. Deduct from Contract’s payment amount the required to correct deficiency or the Liquidated Damage amount.
2. Utilize City forces or alternate means to correct deficiency and deduct from Contractor’s invoice cost including City overhead.
5. City has the sole right to waive any liquidated damages without regards to any and all precedents wherein City may have waived past violations.
6. After second recurring violation contractor must meet with the Projects Manager to discuss deficiency issues and a subsequent correction notice will be issued.
TABLE: LIQUIDATED DAMAGES
# VIOLATION AMOUNT
1. Failure to perform required/scheduled work by being late, not attending to scheduled work or inability to provide requested number of workers or equipment as scheduled or requested.
$100.00 per Occurrence
2. Failure to meet,
requirements.
respond or answer to Emergency response $100.00 per Occurrence
3. Failure to meet, respond or answer to Routine response requirements. $100.00 per Occurrence
4. Failure to meet Contract Performance Requirements of not removing significant amount of weeds and debris generated by crews, from work site same day per requirements, unless authorized by Projects Manager.
$200.00 per Occurrence
5. Blowing or sweeping debris onto non-work area, private property, public streets, parking lots or into storm drains and not removing. $200.00 per Occurrence
6. Failure of Contract lead worker or Supervisor (or designated person) to return phone calls to City within time frame.
$100.00 per Occurrence
7. Failure to provide reports, schedules and other deliverables without notice and agreement by Projects Manager.
$100.00 per Occurrence
8. Safety violation and/or failure by Contractor to comply with the most current Work Area Traffic Control Handbook (W.A.T.C.H.) $100.00 per Occurrence
XXV. RE QUIRED CONTRACTOR IDENTIFICATION SIGNAGE
City of Santa Ana Public Works Agency authorized contractors will be required to have identification signage on all vehicles at all times while working in an official capacity for the City. Such signage shall be of a professional manner and maintained neat in appearance, free of graffiti, easily identifiable and in sound condition. All costs associated with the fabrication of such signage shall be borne by the contractor. Contact City Staff prior to ordering.
Signage T ype and Material Shall Be:
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
Plastic wi th Magnetic Backing. Painted on Vehicle or similar (Taped Signs Not allowed). Such Signage Shall State:
Authorized Contractor
City of Santa Ana Public
Works Agency
and
Name of C ontractor and Contractor Telephone
Number Signage Letter Minimum Size or as allowed
by City Staff:
2-inches for: Authorized Contractor
City of Santa Ana Public
Works Agency
1-inch for all other information
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
CONSULTANT AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this day of , 20__ by and between ___________________________________________________________, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. The City desires to retain a Consultant having special skill and knowledge in the field of:
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE , in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $xxxxxx.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above f or a one (1)-year and 10-month term,
exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. I
NDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social
EXHIBIT II
SAMPLE AGREEMENT
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non- exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”).
Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that an y such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
Contractor shall procure and maintain for the duration of the agreement, the following insurance coverages:
MINIMUM SCOPE AND LIMIT OF INSURANCE
Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as :
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000.
3. Workers’ Compensation: as required by the State of California, with statutory limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Contractor has no employees .
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City .
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, equipment, and personnel furnished in connection with such work or operations.
2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City.
3. All required insurance policies: For any claims related to this contract, Contractor’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention:
(Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and location of event should be included in the Description of Operations section of each certificate.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M.
Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The retroactive date must be shown and must be before the date of the contract or the beginning of work.
2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Contractor must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.
Subcontractors
Contractor shall require and verify that all sub- contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pa y all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representat ive of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonab ly understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City.
Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. J URISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, ------- Agency
City of Santa Ana
20 Civic Center Plaza (M-xx)
P.O. Box 1988
Santa Ana, California 92702
Fax:
To Contractor:
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
20. MISCELLANEOUS PROVISIONS
a. E
ach undersigned represents and warrants that i ts signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement.
c. A ll Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Alvaro Nuñez
City Clerk City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
By:
Assistant City Attorney
T ax ID#
RECOMMENDED FOR APPROVAL:
Executive Director
[INSERT] Agency
SAMPLE ONLY
(name)
(title)
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
EXHIBIT III
LOCATIONS
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
LITTER, DEBRIS AND ENCAMPMENT REMOVAL SERVICES
ITEM
#
ITEM DESCRIPTION
QUANTITY
UNIT UNIT PRICE
1. Maintenance Crew–Laborer
1 Hour
$
TOTAL BASE AMOUNT (ITEM 1)
NOTE : AWARD WILL BE BASED ON THE TOTAL BASE AMOUNT
$
ADDITIONAL AS-NEEDED: DEBRIS AND DISPOSAL SERVICES
2. Debris and Disposal Charges N/A
PER TON $
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I ) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.
PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals . Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions.
__________________________________________________________________________________
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
__________________________________________________________________________________
BUSINESS ADDRESS
__________________________________________________________________________________
PRINTED NAME OF AUTHORIZED AGENT TITLE
ATTACHMENT A
PROPOSER’S CERTIFICATION, PROPOSAL PRICING
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
__________________________________________________________________________________
SIGNATURE OF AUTHORIZED AGENT DATE E-M AIL ADDRESS
__________________________________________________________________________________
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE)
__________________________________________________________________________________
CITY OF SANTA ANA BUSINESS LICENSE NUMBER
(PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.)
THIS F ORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________
Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________
Contract Amount: ________________________Year: ______________________________________
Description of supplies, equipment, or services provided:
__________________________________________________________________________________
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________
Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________
Contract Amount: ________________________Year: ______________________________________
Description of supplies, equipment, or services provided:
__________________________________________________________________________________
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________
Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________
Contract Amount: ________________________Year: ______________________________________
Description of supplies, equipment, or services provided:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT B
REFERENCES
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between Proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to Proposer or deposited with the United States Postal Service properly addressed to the Proposer with the correct postage affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City’s legal holidays), or the funds, check, draft, or Proposer’s bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or Proposer’s bond substituted in lieu thereof shall be returned to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the specifications, t he certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP.
Firm________________________________________________________________________________
Signed and Printed Name: ______________________________________________________________
Title ________________________________________________________________________________
Date
THIS F
ORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT C
PROPOSER’S STATEMENT
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the Proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any P roposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the Proposer or any Proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other P roposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal.
Note: The above non- collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution.
Signed____________________________________________________________________________
State of ________, County of __________________________________________________________
Subscribed and sworn to (or affirmed) before me on this________ day of_____________, 20____, by ________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
________________________
Notary Public Signature Notary Public Seal
THIS F
ORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT D
NON-COLLUSION AFFIDAVIT
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Signed:
Title:
Firm:
Date:
THIS F
ORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT E
NON-LOBBYING CERTIFICATION
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:
1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.
6. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract
ATTACHMENT F
NON-DISCRIMINATION CERTIFICATION
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
THIS F
ORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
Bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., it must clearly set forth below the name and location of each subcontractor who will perform work or labor or render service to the bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of bidder’s total bid and the kind of work that each will perform. Furthermore, bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., if bidder fails to list as to any portion of work, or if bidder lists more than one subcontractor to perform the same portion of work (i.e. bidder must indicate what portion of the work each subcontractor will perform), bidder must perform that portion itself or be subjected to penalty under applicable law.
If alternate bids are called for and bidder intends to use subcontractors different from or in addition to those subcontractors listed for work under the base bid, bidder must list subcontractors that will perform work in an amount in excess of one half of one percent (0.5%) of bidder’s total bid, including alternates.
In case more than one subcontractor is named for the same kind of work, the Contractor is to state the portion of work that each subcontractor will perform. Bidders or suppliers of materials only do not need to be listed. If further space is required for the list of proposed subcontractors, additional sheets showing the required information, as indicated below, shall be attached hereto and made a part of this document.
Listed below is the name of each subcontractor that will perform work, labor, or render services to the undersigned related to the work of this project. This is to include any subcontractor that will specially fabricate and install a portion of work according to detailed drawings contained in the plans and specifications in the amount greater than one half of one percent (.05%) of the contractors total bid. Additional sheets may be attached if needed.
Subcontractor Name: Location:
Portion of Work/Trade:
Bid Amount
Contractor’s License Number
DIR Registration No.
Subcontractor Name: Location:
Portion of Work/Trade: Bid Amount:
Contractor’s License No: DIR Registration No:
Contractor will not be subcontracting any portion of work.
THIS FO RM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT G
SUBCONTRACTOR DESIGNATION FORM
City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.
The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third-party correspondence or vendor bids). The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).
The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.
_________________________________________________________________ Bidder’s Company Name (please print or type)
__________________________________________________________________ Signature of Bidder
__________________________________________________________________ Print Name
__________________________________________________________________ Title
___________________________________
DOORS ID
THIS F ORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT H
CARB FLEET COMPLIANCE CERTIFICATION
City of Santa Ana
RFP 25-116